Executive Order 9: Tinubu has not abused Power – DG Budget Office
The Director General of the Budget Office of the Federation, Tanimu Yakubu has exonerated President Bola Tinubu from alleged abusive of executive power in issuing Executive Order 9 dealing with direct remittance of earnings. He said the President has acted within the confines of his constitutional power and therefore has not breeched and law in issuing the Executive Order.
The Director General in a personally signed statement on Monday dismissed allegations suggesting that Executive Order 9 (EO9) amounts to the President “making law”. He said that both the Constitution and the fiscal question raised on the issue are unwarranted because “EO9 does not create law; it enforces constitutional custody of Federation revenues.”
Backing his submission up with relevant provisions of the constitution, Yakubu said “Section 80(1) of the Constitution (1999, as amended) is mandatory: all revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation. Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.
“Section 162 complements this rule by requiring revenues accruing to the Federation to be paid into the Federation Account for distribution in accordance with constitutional allocation principles. The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.
“EO9 operationalises these provisions in the oil and gas sector by directing direct remittance of petroleum revenues – including royalties, taxes, profit oil and gas, penalties, and related receipts – into constitutionally recognised accounts, and by tightening reconciliation and transparency across collection, custody, and reporting.
“EO9 does not intrude into legislative competence. Section 60(1) preserves the procedural autonomy of the National Assembly; EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute. It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws.”
The Director General further submitted that if any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination.
“Pending any judicial pronouncement, the Executive is duty-bound to protect Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity for FAAC distributions, budget credibility, and macroeconomic stability,” he said.
